Screenshots of messages sent between a former Cornell University student and one of the defendants in the recently reopened alleged 2024 gang rape case were obtained by CBS News from an unnamed source, the outlet reported on Tuesday.
According to CBS, the messages were sent two days after the alleged assault.
The messages, CBS reported, begin with the man apologizing to the former student, identified as Jane Doe, for "how things went down." He added that his memory is "kinda fuzzy," and that he and another man felt bad for being too intoxicated to "shut it down and kick people out before it got way out of hand."
Jane Doe responded in a similar fashion, CBS wrote, saying that her memory was "super clouded too," and that they had all been intoxicated.
She added that "non(e) of the sexual stuff was illegal," and that she reportedly enjoyed being with him and another man. Later, CBS said, she suggested the three of them smoke together again, "but like leave out the extra 5 billion men and ketamine."
'Not one guy was arrested' defense team claims
According to CBS, Doe's attorney, Thomas Giuffra, confirmed that messages were exchanged between Doe and the defendant, but could not confirm whether they were the texts sent at the time.
Giuffra argued Doe was "in denial and traumatized shortly after the alleged assaults," and that "she was intoxicated to the point of incapacity that night and was trying to find out what happened." Giuffra also said Doe felt unable to take an aggressive tone with the defendant.
CBS News New York also managed to acquire a video of the fraternity's group Snapchat conversation from the night the alleged rape took place. At 1:42 a.m. on the date of the alleged rape, CBS reported, a message was sent "suggesting that a woman was available for sex."
Later, one fraternity brother asked if the "shop was still open" and received a positive reply.
"Not one of these guys was arrested. Not one. That I can tell you for a fact," Giuffra told CBS News New York last week.
Lawsuit reopened after alleged victim files civil lawsuit
New York state prosecutors reopened the investigation into the alleged 2024 gang rape at a Cornell University fraternity house on Monday, after a civil lawsuit filed this month by the alleged victim sparked renewed outrage.
In a lengthy statement, Tompkins County District Attorney Matthew Van Houten confirmed that his office would present the case against seven alleged perpetrators to a grand jury for a possible indictment.
He also sought to explain why prosecutors did not pursue criminal charges two years ago, saying that the lawsuit's allegations differed from the alleged victim's original account in 2024. The woman, who prosecutors have not named, gave a statement to campus police at the time, according to Van Houten, that "described her drug use and sexual conduct as voluntary, conscious and consensual."
Giuffra did not immediately respond to a request for comment. He told CNN in a statement that the police report was "not materially different" from the civil lawsuit's claims and criticized the district attorney's office for not pursuing a more thorough investigation sooner, the network reported.
The lawsuit, filed against the seven Chi Phi fraternity members, Cornell University and several other defendants, asserted that the woman, then a 20-year-old student at Cornell, was "plied with alcohol and drugs to the point of intoxication" by fraternity members, leaving her unable to consent before she was sexually assaulted.
Members of the fraternity used a Snapchat group chat to encourage others to join in, according to the lawsuit, which included a photo of some messages as well as details about the alleged assault itself.
In a statement, a Cornell spokesperson said the school supports Van Houten's decision and noted that the Chi Phi chapter involved in the case has remained barred from campus since 2024. Cornell previously investigated the allegations, resulting in "a range of sanctions, which included expulsions and suspensions from Cornell."
"Any suggestion that the university did not impose consequential punishments for those involved is false," said the spokesperson, Kyle Kimball.
It was not immediately clear if all of the fraternity members named in the lawsuit have legal representation. Jeremy Saland, a defense lawyer who represents one of the members, said in a statement that his client had done nothing more than respond to the chat with an immature comment and that his client "welcomes any further investigation by the district attorney."
In the US, fraternities are college-based clubs for male students, often sharing a house together. The national Chi Phi fraternity, which was founded more than two centuries ago, did not immediately respond to an emailed request for comment.